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U.S. v. DYER

No. 08-1343.

589 F.3d 520 (2009)

UNITED STATES, Appellee, v. Mark David DYER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 28, 2009.

Attorney(s) appearing for the Case

William S. Maddox, for appellant.

Renée M. Bunker, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney was on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and RIPPLE, Circuit Judges.

LYNCH, Chief Judge.

At issue is the meaning and application of a 2003 Sentencing Guideline for possessing child pornography, § 2G2.4(c)(2), which instructed sentencing judges to apply the stiffer penalties for trafficking in child pornography cases "[i]f the offense involved trafficking in material involving the sexual exploitation of a minor ... including ... possessing material involving the sexual exploitation of a minor with intent to traffic." U.S.S.G. ...

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